A BILL to amend and reenact section twelve-a, article three,
chapter seventeen-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
disclosure of odometer information; exceptions; penalties;
and making West Virginia law conform to federal
requirements.

Be it enacted by the Legislature of West Virginia:
That section twelve-a, article three, chapter seventeen-a of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:

ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.

§17A-3-12a. Disclosure of odometer information; exceptions;
penalties.(a) On and after the first day of July, one thousand nine
hundred eighty-three, In accordance with the provisions of
sectionsections four hundred eight-a and four hundred eight-e of
the Motor Vehicle Information and CostsCost Savings Act, Public
Law 92-513, the owner and the purchaserthe transferor of a motor
vehicle must complete the odometer disclosure form on the
certificate of title or a separate written odometer disclosure
statement, before executing any transfer of ownership document
and before a new certificate of title may be issued for a
transfer of ownership of a vehicle. The odometer disclosure form
on the certificate of title and the separate written odometer
disclosure statement shall contain the following information:
(1) The odometer reading at the time of transfer (not to
include tenths of miles);(2) The date of transfer;
(3) The transferor's name and current address;
(4) The transferee's name and current address;
(5) The transferor's printed name and signature
acknowledging the disclosure;
(6) The identity of the vehicle, including its make, model,
year, body type and identification number;(2)(7) Certification by the ownertransferor that to the
best of his or her knowledge the odometer reading reflects:
(A) The actual mileage the vehicle has been driven;
(B) The amount of mileage in excess of the designated
mechanical odometer limit of ninety-nine thousand, nine hundred
ninety-nine miles; or
(C) A difference from the number of miles the vehicle has
actually been driven and that the difference is greater than that
caused by odometer calibration error, and that the odometer
reading is not the actual mileage. This certification shall
state that the odometer reading does not reflect the actual
mileage and should not be relied upon, and shall also include a
warning notice to alert the transferee that a discrepancy exists
between the odometer reading and the actual mileage; and(8) A warning statement referring to state and federal law
and the statement: "That failure to complete or providing false
information may result in fines and/or imprisonment."Upon issuance of a new title, the division shall mark the
new title with an appropriate brand which reflects certification
of the prior owner.(b) Before executing any transfer of ownership document, the
lessor of a leased motor vehicle must notify a lessee in writing
that the lessee is required to provide a written odometer
disclosure statement to the lessor. The odometer disclosure
statement shall contain the following information:
(1) The odometer reading at the time of transfer (not to
include tenths of miles);
(2) The date of statement;
(3) The lessee's name and current address;
(4) The lessor's name and current address;
(5) The lessee's printed name and signature acknowledging
the disclosure;
(6) The identity of the vehicle, including its make, model,
year, body type and identification number;(7) The date that the lessor notified the lessee of the
disclosure requirements;
(8) The date that the completed disclosure statement was
received by the lessor;
(9) The signature of the lessor;
(10) Certification by the lessee that to the best of his or
her knowledge the odometer reading reflects:
(A) The actual mileage the vehicle has been driven;
(B) The amount of mileage in excess of the designated
mechanical odometer limit; or
(C) A difference from the number of miles the vehicle has
actually been driven and that the difference is greater than that
caused by odometer calibration error, and that the odometer
reading is not the actual mileage. This certification shall
state that the odometer reading does not reflect the actual
mileage and should not be relied upon; and
(11) A warning statement referring to state and federal law
and the statement: "That failure to complete or providing false
information may result in fines and/or imprisonment."
If a lessor transfers the leased vehicle without obtaining
possession of it, the lessor may indicate on the title the
mileage disclosed by the lessee, unless the lessor has reason to
believe the disclosure does not state the actual mileage.(3) Certification by the owner that while the motor vehicle
was in his possession:
(A) Neither he nor any person altered, set back or
disconnected the odometer;
(B) The odometer was altered for repair or replacement
purposes and that the actual mileage registered on the repaired
or replacement odometer was identical to that mileage before such service; or
(C) That the odometer reading is not the actual mileage and
that the true mileage is unknown to him.(b)(c) Notwithstanding the provisions of this section, the
form for odometer disclosure on the certificate of title or a
separate written odometer disclosure statement need not be
completed for any of the following motor vehicles:
(1) A vehicle having a gross weight of more than sixteen
thousand pounds;
(2) A vehicle that is not self-propelled;
(3) A vehicle that is twenty-fiveten years old or older; or(4) A vehicle sold directly by the manufacturer to any
agency of the United States in conformity with contracted
specifications; or(4)(5)A transfer of A new motor vehicle prior to its first
transfer for purposes other than resale.(c) In addition to the information provided in this section,
the odometer disclosure form shall refer to the Federal Motor
Vehicle Information and Cost Savings Act and this section of the
code, and shall state that incorrect information may result in
civil liability and civil or criminal penalties.(d) Dealers and distributors of motor vehicles who are required by law to execute an odometer disclosure statement shall
retain for five years a photostat, carbon or other facsimile copy
of each odometer mileage statement which they issue and receive,
at their primary place of business in an order that is
appropriate to business requirements and that permits systematic
retrieval.
(e) Lessors shall retain for five years following the date
they transfer ownership of the leased vehicle each odometer
disclosure statement which they receive from a lessee, at their
primary place of business in an order that is appropriate to
business requirements and that permits systematic retrieval.(f) Auction companies shall retain for five years following
the date of sale of each motor vehicle, at their primary place of
business in an order that is appropriate to business requirements
and that permits systematic retrieval, the following records:
(1) The name of the most recent owner (other than the
auction company);
(2) The name of the buyer;
(3) The vehicle identification number; and
(4) The odometer reading on the date the auction company
took possession of the motor vehicle.(d)(g) A transfer of a motor vehicle which has not been previously titled in this state or which has a certificate of
title issued prior to the effective date of this sectionthe
first day of January, one thousand nine hundred ninety-one, must
include the execution of the transfer by the owner and the
purchaser on a written statementform prescribed by the
commissioner signed by each of the two parties, which statement
form contains substantially the same information as is required
in this section and with the provisions of the odometer mileage
statement form pursuant to the Motor Vehicle Information and Cost
Savings Act.(e)(h) The commissioner shall promulgate rules and
regulations for the administration of this section in accordance
with chapter twenty-nine-a of this code.(f)(i) Any person who violates any of the provisions of this
section with intent to defraud shall be guilty of a misdemeanor,
and, upon conviction thereof, shall be fined not less than two
hundred dollars nor more than one thousand dollars, or imprisoned
in the county jail for not more than six months, or both fined
and imprisoned.